RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run may not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than
7 11 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation. Service by facsimile transmission must be completed by 5:00 PM, receiver's time, on a weekday, which is not a legal holiday, or service is considered made on the following weekday which is not a legal holiday.
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Rule 6 was amended, effective 1971; March 1, 1990; on an emergency basis, March 1, 1992; January 1, 1995; March 1, 1997; March 1, 1999;________________________.
This rule omits the listing of "legal holidays" found in subdivision (a) of the federal rule. See Chapter 103, N.D.C.C., concerning holidays in North Dakota.
Subdivision (a) was amended, effective __________________, to extend the period from 7 days to 11 days as to when intermediate Saturdays, Sundays, and legal holidays are excluded from time computations.
Subdivision (e) was amended, effective March 1, 1999, to make the three-day extension for service by mail applicable when service is via commercial carrier. The proof of service must contain the date of mailing or deposit with the commercial carrier. See
Rule 4(k) and Rule 5(f), N.D.R.Civ.P. 4(k) and 5(f).
Subdivision (d) was amended, effective March 1, 1997, because
Rule 3.2, N.D.R.Ct. 3.2, governs when papers supporting or opposing a motion must be served.
SOURCES: Joint Procedure Committee Minutes of ___________________; January 29-30, 1998, page 18; April 25, 1996, pages 8-11; April 28-29, 1994, pages 15-17; January 27-28, 1994, pages 24-25; September 23-24, 1993, pages 14-16 and 20; April 29-30, 1993, page 20; November 7-8, 1991, page 3; October 25-26, 1990, page 12; April 20, 1989, page 2; December 3, 1987, page 11; June 22, 1984, pages 30-31; September 20-21, 1979, pages 5-6; Rule 6, FRCivP.
SUPERSEDED: Sections 28-0739, 28-2803, 28-2815, 28-2816, 28-2817, 28-2818, 28-2902, 28-2903, 28-3006, N.D.Rev. Code 1943.
CROSS REFERENCE: Rules 4 (Persons Subject to Jurisdiction-Process-Service), 52 (Findings by the Court), 59 (New Trials Amendment of Judgments), and 60 (Relief From Judgment or Order), N.D.R.Civ.P.; Rule 45 (Time), N.D.R.Crim.P.; Rule 3.2 (Motions), N.D.R.Ct.